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Mini vandePol

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Mini vandePol was appointed as the Chair of Baker McKenzie's Global Compliance & Investigations Group on 1 September 2014, after successfully completing five years as the Asia Pacific Regional Chair of the Dispute Resolution Practice Group. In this role, she leads a global team of more than 900 compliance and investigations practitioners in Asia Pacific, EMEA, Latin America and North America. Ms. vandePol's work engagements focus on anti-bribery and corruption investigations and risk management and mitigation in China, India and other parts of Asia in a variety of industries. Ms. vandePol and her team are responsible for the Global Overview of Anti-Bribery Laws (2nd Edition 2016) and is the editor of the very popular Global Attorney-Client Privilege Handbook (2nd edition 2014). She has written a number of articles in journals and other publications both in Australia, India and elsewhere in Asia Pacific on topics ranging from corporate compliance investigations and enforcement, fraud risk, international trade and sanctions compliance, and ethical business practices. She is also a highly sought after media spokesperson and has made several appearances in business media in Hong Kong, India, Australia and the US.

The Hong Kong National Security Law took effect on 30 June 2020. The 66-article law criminalizes four types of acts: secession, subversion of State power, terrorist activities, and collusion with foreign or external forces to endanger national security. It also stipulates the corresponding penalties, which in the most serious cases,…

On 30 June 2020, the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) came into operation in the Hong Kong Special Administrative Region (HKSAR). Broadly speaking, the NSL criminalizes four types of acts: (1) secession, (2) subversion, (3) terrorist…

On 22 June 2020, the US Court of Appeals for the Second Circuit affirmed the convictions of two foreign nationals, Juan Angel Napout and Jose Maria Marin, former officials of the Fédération Internationale de Football Association (FIFA) and the Confederación Sudamericana de Fútbol (CONMEBOL), for conspiracy to commit honest services wire fraud. The Second Circuit held that the use of US wire services could be sufficient in itself to confer US jurisdiction over foreign nationals in such prosecutions, even if the remainder of the fraudulent scheme took place outside of the US. 

In 2017, Napout and Marin were convicted of conspiracy to commit honest services wire fraud (among other charges) after the jury found that they had accepted bribes from media and marketing companies in exchange for giving them broadcasting and marketing rights in connection with football tournaments under their control. In 2019, the pair jointly appealed their convictions, which the Second Circuit affirmed.

Whistle-blowers have been a prominent feature of the ongoing COVID-19 crisis. From the medics across the globe who have blown the whistle on supply shortages, misleading information regarding effective treatments and risk measures, whistle-blowers have been a vital source of information during the pandemic. 

Companies have also been challenged with increasing numbers of whistle-blowing reports during this period in areas including fraud, corruption and harassment.  Although there is no comprehensive law in Hong Kong requiring companies to implement a whistleblowing policy and procedure, it is a best practice component to any compliance program and an essential tool to combat internal misconduct and to ensure compliance with laws and regulations.

On 1 June 2020, the corporate liability provision under Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (the Act) is set to come into force. As highlighted in our earlier client alert (see Link), a company may be held criminally liable for acts of corruption by its directors, employees or other associated persons.

In Order No. 40-3/2020-DM-I(A) dated March 24, 2020, the Government of India (“GOI”) imposed a nationwide shutdown to curtail the spread of COVID-19 epidemic in the country. The Order issues specific guidelines on the measures to be strictly implemented by all Ministries and Departments of the GOI, and the State…

Read publication in Chinese  As COVID-19 continues to spread worldwide, more and more governments are implementing heavy travel and work restrictions on individuals and companies. For many companies, these restrictions have severely disrupted or even halted business operations. Their priority is to implement alternative arrangements to ensure that the frontline…

The Belt and Road Initiative (BRI) is a historic marshalling of capital and a remarkable geopolitical foray into establishing and strengthening multinational trade corridors. It continues to evolve and expand with more than 130 countries now reported to have signed BRI agreements, including Central America and the Pacific, far beyond…

Our world has never been more connected – by technology, manufacturing, trade, supply chains, tourism and popular culture – and this unprecedented globalization has created enormous benefits for much of the world’s population as a result. At the same time, there are both public and private forces in Asia Pacific,…